Law No. 189 Of 13 May 2003 (Republished) On International Judicial Assistance In Civil And Commercial Matters *)

Original Language Title: LEGE nr. 189 din 13 mai 2003 (*republicată*) privind asistenţa judiciară internaţională în materie civilă şi comercială*)

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LAW no. 189 of 13 May 2003 (republished)
international judicial assistance in civil and commercial matters *)
Issued



PARLIAMENT Published


Official Gazette no. 392 of June 4, 2015

Note



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*) Republished under art. II of Law no. 61/2015 amending and supplementing Law no. 189/2003 on international judicial assistance in civil and commercial matters, published in the Official Gazette of Romania, Part I, no. 229 of 3 April 2015 giving the texts a new numbering.

Law. 189/2003 has been republished in the Official Gazette of Romania, Part I, no. 543 of 5 August 2009.

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Chapter I General Provisions



Article 1



OObject
(1) International judicial assistance in civil and commercial matters refers to all the procedures for cooperation between Romanian and foreign judicial authorities to resolve a dispute, throughout its deployment.


(2) Romanian authorities are empowered with enforcement of this law the Ministry of Justice and the courts.


(3) The provisions of this law regulates the conditions to deal with requests for international judicial assistance relating to:


A) the communication of judicial and extrajudicial documents in and abroad;


B) obtaining evidence through international letters rogatory;


C) transmitting / obtaining information on foreign law.


Article 2

Scope of application


(1) Requests for international judicial assistance in civil and commercial matters raised in areas covered by art. 1 para. (3) shall be settled according to this law and the law on the matter.


(2) The provisions of this law do not infringe the provisions of European Union law, bilateral or multilateral conventions to which Romania is part, completing situations not covered by them.


(3) states that Romania does not have conventional ties, international judicial assistance in civil and commercial matters can be granted based on international courtesy, subject to reciprocity; actually it proves the existence of reciprocity according to Art. 2,561 par. (2) of the Civil Code.




Communication Chapter II of judicial and extrajudicial documents in and abroad

Common provisions Section 1



Article 3



Definitions
(1) The provision of judicial and extrajudicial documents in and abroad is the formality that aims to bring them to the attention of recipients: parties, witnesses or participants in a civil or commercial relationships in the requesting State.


(2) Judicial documents are those that emit in a civil or commercial, and whose communication takes place according to the law, the order of the court, such as subpoenas, requests for summons, judgments, demands the exercise of review attack and other such communications.


(3) Extrajudicial documents are issued by notaries or bailiffs and can be used in a civil or commercial.


Article 4



Communication of civil status documents Romanian competent authorities will act on requests to foreign authorities, received through the Ministry of Justice, to communicate Romanian civil status documents and certified copies of judgments in civil status, if these documents concern the citizens of that State.

Section 2


Communication of documents abroad
Article 5

The role of the Ministry of Justice


(1) The Ministry of Justice is the central authority through which Romanian authorities demanding the communicating acts abroad. After the event, the Romanian authorities are demanding the courts or public notaries, bailiffs and other authorities who, according to law, in documents.


(2) After receiving a request for judicial assistance covering communication of judicial and extrajudicial documents and the documents attached to it from Romanian authorities requesting the Ministry of Justice of regular international inspection and, where appropriate, transmit, depending on the existence and terms of an international convention:


A) the central authority of the requested State; or


B) the Romanian diplomatic or consular mission of the requested state, through the Ministry of Foreign Affairs; or


C) by mail directly to the addressee.


Article 6




International regularity Control
(1) Control the international regularity consists in verifying that the application of international legal assistance and the documents attached with the conventions, bilateral or multilateral treaties applicable, including statements made by Romania under the provisions of multilateral conventions.


(2) Ministry of Justice which control the international regularity provided in par. (1) in order to verify that:


A) between Romania and the requested State there are conventional norms or international mutual legal assistance and if they are invoked as a legal basis for the request;


B) request for international judicial assistance, complete the appropriate form annexed documents to be communicated abroad; judicial documents to be communicated to recipient abroad, the issuer must be signed or, where appropriate, be signed and stamp of the court;


C) documents attached to the application shall be accompanied by translations according to Art. 8.


(3) Where non-compliance with international regularity conditions provided in par. (2) The Ministry of Justice returned a motivated request and the documents attached thereto.


Article 7

Content and application


(1) The request for international judicial assistance relating to the release of documents will include:


A) the name of the requesting authority;


B) the names and capacities of the parties;


C) nature of the document to be transmitted;


D) the address of the recipient;


E) an indication of all documents annexed to the Act which is transmitted;


F) the deadline set by the requesting authority.


(2) The application shall be accompanied by the document to be communicated in duplicate.


(3) The application form shall be attached and evidence of communication that will contain the following particulars:


A) the name of the requesting authority;


B) documents submitted to communicate;


C) the name and address of the recipient;


D) the name of the requested judicial authority;


E) the name and capacity of the person receiving documents (recipient, spouse, relative - for individuals or function - for legal persons);


F) the signature of the addressee (stamping for legal persons);


G) the date of documents;


H) the reasons of the failure (refusal recipient changed address etc.);


I) the signature of the procedural and stamp requested judicial authority.


(4) The application and annexed documents are exempt from any legalization or other formality analogous.


Article 8


Translation application and documents annexed by international conventions
If not otherwise stated, application and annexed documents will be translated in the language requested, as follows:

A) request for international judicial assistance - care of the Ministry of Justice;


B) documents attached to the application - the care and expense Romanian requesting authority stakeholders, apart from cases where the parties have been approved legal aid by the court in the form of assumption Romanian translation costs;


C) proof form of communication title and entries will be printed in French, English and German, the care of the Ministry of Justice.


Article 9

Unlocking request for judicial assistance


(1) The Romanian applicant seeks the status of the request for international judicial assistance covering judicial or extrajudicial communication of a natural or legal domicile, residence or registered office abroad.


(2) Where the requesting authority not receiving the request for international judicial assistance in the application before the deadline, it can request the Ministry of Justice as the central authority with the authority to take steps required to unlock foreign settlement request for international judicial assistance.


(3) The Ministry of Justice will take the necessary steps to unlock request for judicial assistance at the express request of the Romanian authorities demanding.


Article 10

Proof of


(1) Proof of documents abroad is as follows:


A) by post directly to the addressee - with proof of receipt of the registered letter containing the summons and annexed documents;



B) communication through the central competent authority of the Requested State or the Romanian diplomatic or consular mission of the requested State - with the form set out in Art. 7 paragraph. (3) or form required of the authority, as appropriate.


(2) If the recipient does not live at the address indicated by the applicant after receipt of foreign documents certifying this situation, Romanian judicial authority will proceed according to the relevant rules of the Code of Civil Procedure, if the international treaties or conventions to which Romania is a party provides otherwise.


Section 3
a

Communication of documents abroad
Article 11

The role of the Ministry of Justice


(1) The Ministry of Justice is the central authority designated to receive requests for legal assistance made by foreign authorities covering the communication of judicial or extrajudicial acts of individuals or legal domicile, residence or, where appropriate, based in Romania.


(2) The Ministry of Justice will send the request for legal assistance and the enclosed documents to the court in whose jurisdiction domiciled or resident or headquarters recipient.


(3) Depending on the way that requests were received - directly from foreign judicial authorities or through diplomatic or consular missions - the certificate showing fulfillment of communication will be sent by the Ministry of Justice on the same path.


Article 12



Role court
(1) requested Romanian court shall take the necessary measures to fulfill the procedure for service of documents in accordance with the Code of Civil Procedure, if the law does not provide otherwise.


(2) Proof of service will be made by completing the form sent by the requesting judicial authority or, failing that, by completing the form provided for in art. 7 paragraph. (3).


Article 13



Execution of the request refusal
(1) The application communication acts may be refused by the courts only if it is considered that its execution would prejudice the sovereignty or national security.


(2) In case of refusal, the requesting judicial authority will be informed immediately in writing, stating reasons for the refusal.


Article 14



Release form acts
(1) The documents that are required to be communicated to a Romanian natural or legal persons are accompanied by a translation into Romanian.


(2) If the documents are not translated, the addressee may refuse to accept them, demanding that translation to be made at the expense of the requesting judicial authority.


Article 15

Expenses


(1) the procedure for communication of documents from abroad will not give rise to reimbursement of expenses incurred for this purpose, in terms of reciprocity.


(2) If the foreign judicial authorities have requested the communication in a special form, which is not contrary to Romanian legislation, it may require reimbursement of the costs of the procedure.


Chapter III


international Rogatory
Common provisions Section 1



Article 16

Definition


(1) international rogatory commission in civil or commercial matters is the act by which a judicial authority of a State mandates a judicial authority of another State to execute on its behalf and place a judicial act in a specific case .


(2) diplomatic or consular missions may carry letters rogatory as required by the state where they are to be achieved.


(3) Letter may be required to enable the parties to obtain evidence which is intended for current or future proceedings.


Article 17

Re

The letters rogatory may require production of evidence such as hearing witnesses the interrogation of a party, obtaining documents and information, conducting surveys, carrying out social surveys needed to resolve a particular case.

Section 2
a
request letters rogatory abroad

Article 18



Role court
(1) At the request of the parties or ex Romanian judicial authorities may request a rogatory commission abroad.


(2) The Romanian judicial authorities send letters rogatory to the Ministry of Justice.


Article 19

The role of the Ministry of Justice



(1) The Ministry of Justice is the competent central authority abroad to send letters rogatory issued by the Romanian courts.


(2) Upon receipt of letters rogatory, the Justice Ministry inspection and submit regular international rogatory commission, as appropriate, depending on the existence and terms of an international convention:


A) the competent central authority of the requested State; or


B) the Romanian diplomatic or consular mission of the requested state, through the Ministry of Foreign Affairs.


(3) The provisions of art. 6 regularly on international judicial control, as well as of art. 9 on measures to unblock the request for international judicial assistance applies accordingly, and requests for letters rogatory issued by the Romanian courts.


(4) At the request of Romanian courts, diplomatic missions or consular offices abroad can carry letters rogatory for people who have Romanian citizenship; these people can be assisted upon request by a defender.


Article 20



Demand content
(1) rogatory commission bear:


A) the requesting authority;


B) the requested authority;


C) the identity and address of the parties;


D) the subject of the case, with a brief summary of the facts;


E) subject to letters rogatory;


F) the name and address of the persons to be heard by rogatory commission;


G) questions to be put or the facts on which questions will be made;


H) documents examined;


I) to clarify the question whether testimony is taken under oath or by statements only;


J) other special requests.


(2) It is not necessary any legalization or other formality analogous.


Article 21

Translation of the request and response


(1) rogatory commission is written in Romanian by the requesting court.


(2) Translation of official request for letters rogatory and judicial authority attached to it in the language of the Requested State shall ensure the Ministry of Justice.


(3) Translation response to letters rogatory are carried out by care of the Ministry of Justice, by a certified translator.


Article 22

Date and place


(1) When transmitting request for letters rogatory abroad, will require the communication date and place set for the change.


(2) With the consent of the requested judicial authority and the Ministry of Justice, Romanian judges may attend rogatory commissions.


Article 23



Value rogatory commission
(1) Once satisfied, the Letter is received by the Ministry of Justice, who shall transmit the requesting court.


(2) A Letter is evidence to the case for which you applied for the same value as when the judicial act that had been performed by the competent Romanian court.


Section 3
a
Rogatory received from abroad

Article 24

The role of the Ministry of Justice


(1) The Ministry of Justice is the central authority competent to receive requests for letters rogatory presented by the judicial authorities abroad.


(2) The Ministry of Justice submit applications for letters rogatory court in whose jurisdiction the judicial act is to be carried requested.


(3) documents stating the fulfillment of letters rogatory be sent to the Ministry of Justice, who will forward on the same path, the requesting authority.


Article 25



Role court
(1) The judicial authority shall execute the Letter according to the rules of procedure of Romanian law; however it will consider, at the request of the requesting judicial authority, using a special procedure, provided it does not contravene Romanian legislation.


(2) If the Letter is sent to a judicial jurisdiction, it sends, by default, the competent authority, notifying the Ministry of Justice that fact.


(3) Romanian court will inform the requesting judicial authority of the date and place of letters rogatory, which may allow, upon request, the participation of foreign magistrates.


Article 26

Refusal demand


(1) Letter of Request may be refused if:



A) execution does not fall within the competence of the judiciary;


B) execution is likely to prejudice the sovereignty or national security.


(2) A Letter shall not be executed when the person to be heard can not testify because of existing prohibitions in Romanian legislation or when the documents to be transmitted or expertise can not be circulated.


(3) If the letters rogatory can not be executed in whole or in part, the requesting authority will be informed immediately by presenting them with the reasons non-performance.


Article 27



Expenses Subject to reciprocity, carrying letters rogatory will not give rise to reimbursement of expenses incurred, except those determined by:

A) translation of the application and documents annexed, when not received translated into Romanian or English or in French;


B) the use of interpreters;


C) using experts.


Article 28


Role of foreign diplomatic missions or consular

(1) diplomatic or consular missions of Romania may carry letters rogatory requested by state authorities that they represent their citizens only and only with prior permission of the Ministry of Foreign Affairs, who will also request the Ministry of Justice of Romania.


(2) When a diplomatic or consular agent is authorized to proceed with the execution of a Letter of Request, it will proceed according to the rules of procedure of requesting authority, provided that they are not prohibited by Romanian law.


(3) Foreign nationals will be heard in diplomatic or consular missions may be assisted by a lawyer at the request of the interested party.


Chapter IV


information on foreign law
Article 29

The role of the Ministry of Justice


(1) The Ministry of Justice is the central authority which transmits the ministries of justice in other countries, at their request, information on the law in civil and commercial matters, as well as in civil and commercial proceedings and the court system for court cases determined.


(2) At the same time the Ministry of Justice is the central authority requesting the ministries of justice in other states information of the kind mentioned in paragraph. (1), at the request of Romanian courts for judicial cases determined.


Article 30


Request for information on foreign law

(1) The request for information on foreign law only emanates from a judicial authority and includes:


A) the name of the judicial authority making the request;


B) the nature and stage of the process;


C) issues on which information is required by law of another state, making a brief statement of the context in which they are needed.


(2) Upon request can be attached and some documents likely to clarify the meaning of the request.


(3) When the application does not a judicial authority, but the parties to the dispute, it will be accompanied by an admission of its conclusion.


(4) The application of legal information, and the response of the requested State will be translated by the court or the parties, as appropriate.


Article 31


Request for information on Romanian law

(1) Upon receiving a request for information from abroad on Romanian law, the Justice Ministry formulates a response or transfer it to another jurisdiction to provide appropriate responses.


(2) The answer, formulated objectively and impartially and shall be accompanied by supporting documents, such as extracts from texts of law or doctrine works.


(3) The Ministry of Justice may refuse to grant the request for information on Romanian law where it considers that Romanian state interests are affected by the dispute which gave rise to the request was made or that the answer would be likely to prejudice the sovereignty or its security .


(4) Responding to a request for information on Romanian law will be sent as soon as possible, taking into account the time mentioned by the requesting foreign authority.


(5) If the development requires a longer response, the Ministry of Justice shall inform the requesting authority.




Chapter V Provisions on judicial assistance between Romania and Member States of the European Union

Article 32



(1) In applying Regulation (EC) No. 1,393 / 2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters ( "Service of documents") and repealing Council Regulation (EC) No. 1348/2000 * 1) of Council communications procedure of judicial and extrajudicial documents is performed as follows:


Note



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* 1) Published in the Official Journal of the European Union (OJEU) series L no. 324/79 of 10 December 2007.

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A) communicate Romanian courts of judicial and extrajudicial documents directly to the recipient authorities or, where appropriate, to recipients in Member States of the European Union with a copy of the request for communication or, where appropriate, an address information of the Ministry of Justice, for evidence;


B) notaries, bailiffs and other authorities whose jurisdiction falls the communication of documents abroad, submitting the applications through the courts in whose jurisdiction the established professional, the provisions of subparagraph a) being applied properly;


C) Romanian authority receiving the request for communication of judicial and extrajudicial documents from Member States of the European Union is the court in whose jurisdiction the recipient resides or has his seat. The return of the documents, the court shall inform the Ministry of Justice or send a copy of the forms prepared for the crowd.


(2) acts on communications costs through a bailiff, a judicial officer or other competent persons designated as receiving authority in certain Member States of the European Union, the interested party shall be borne by the care of the court, apart from cases where the party concerned has been granted legal aid by the court.


(3) The expenses of sending by regular mail or fast, fax or other modern means are borne by the court.


Article 33


(1) According to Council Regulation (EC) No. 1.206 / 2001 of 28 May 2001 on cooperation between courts in the taking of evidence in civil or commercial matters *), as amended, applications for obtaining evidence through international rogatory commission shall be made as follows:


Note



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*) Published in the Official Journal of the European Union (OJEU) series L no. 174 of 27 June 2001.

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A) Romanian courts send applications directly applied by courts competent EU Member States and a copy of the application for obtaining samples are sent to the Ministry of Justice for registration;


B) by the court in whose jurisdiction the evidence sought to be obtained from Member States of the European Union. Restitution acts, the court sent a copy to the Ministry of Justice for registration.


(2) application for judicial evidence and documents attached to it are translated into the language of the requested State or the state said it can accept, the court rogantă.


(3) The costs of transmission by post, fax or other modern means are borne by the court.


Article 34


On art. 32 para. (1) a) and b) and of art. 33 para. (1) a) to obtain information about the language used to complete the forms and language to translate documents attached to these accepted and notified to the European Commission by the Member States of the European Union, the Romanian competent authorities access page specialized Internet European Commission and consult contact points of the European Judicial Network in civil and commercial matters.

Article 35


(1) The Ministry of Justice is the central Romanian authority empowered under Article. 3 paragraphs. 1 of Regulation (EC) no. 1393/2007 and art. 3 paragraphs. (1) of Regulation (EC) No. 1,206 / 2001, as amended.


(2) The Ministry of Justice make their communications in connection with the information that is required under Art. 23 of Regulation (EC) No. 1393/2007 as well as art. 22 of Regulation (EC) No. 1.206 / 2001.


(3) Pursuant to art. 3 paragraphs. (3) of Regulation (EC) No. 1,206 / 2001, Ministry of Justice shall perform the tasks related to a decision on requests made under art. 17 of the regulation.


Chapter VI Final



Article 36

Entry into force of the law



(1) This Law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I.


(2) acts of international legal assistance met before the entry into force of this law remain valid.


(3) Procedural documents started before the entry into force of this law will be completed by the provisions in force at that time.


Article 37



Enforcement Ministry of Justice will establish within 60 days of the entry into force of this law, the methodology for implementing its provisions *), except for the provisions relating to Community law.

Note



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*) In 2003, the Ministry of Justice developed methodology for implementing the provisions of Law no. 189/2003 on international judicial assistance in civil and commercial matters, approved by Minister of Justice no. 2888 / C / 2003 published in the Official Gazette of Romania, Part I, no. 717 of 14 October 2003.

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